domain iEar.com

[Tim Schoon]

quite nice for a music site? something with iPod/iPhone downloads maybe?

whats the current value?

 

[italiandragon]

quite nice for a music site? something with iPod/iPhone downloads maybe?

whats the current value?

$10,000+

 

[kwaping]

Great name, *however*... there is a registered trademark for "iEar". I'm not a lawyer, but I believe you're safe since you've had the domain longer than the trademark, but a buyer might have problems.

Edit: Unless of course you sell it to the trademark holder! Then, $$$!

Good luck!

-Ollie

 

[navigator72]

xx,xxx - low xxx,xxx

 

[MyNameIsDomain]

Great name, *however*... there is a registered trademark for "iEar". I'm not a lawyer, but I believe you're safe since you've had the domain longer than the trademark, but a buyer might have problems.

Edit: Unless of course you sell it to the trademark holder! Then, $$$!

Good luck!

-Ollie

I don't think it matters if you own a trademark domain longer than the trademark's existence. I've seen websites give up their name because of a new trademark.

Maybe it is wise to get information from someone that knows about trademark laws.

 

[copper]

TM issue?
It all depend on usage.
As long as iEAR.com is not used same as Trade marked "iEar" usage, it shouldn't have problem.

Example.
Apple is TMed.
If you have Apple.com and used for selling apple (fruit), it will not have any problem at all.

 

[notlikeyou]

Pardon me for asking, but do you own this domain currently?

 

[Tim Schoon]

Pardon me for asking, but do you own this domain currently?

Yes i do.. just bought it today, (registrar transfer is still pending, but it's been paid for, and the auth code and all have been entered)

 

[danger9918]

wow ,, nice domain
worth at last mid $XXXX

 

[notlikeyou]

Yes i do.. just bought it today, (registrar transfer is still pending, but it's been paid for, and the auth code and all have been entered)

Cool a couple of things didn't add up, but that explains it.

You got a great name, & I would be careful of how you put it to use since there is a TM out there. You have many possibilities, just don't step on any toes.
:tu:

 

[italiandragon]

so you approached this Australian business and bought it from them?

I`d love to know how much you paid for it.

By PM too if you don`t want to share in public.

 

[worldstar]

Nice domain, short and brandable. Though can not figure out an amount now.
Good luck.

 

[zero_haze_au]

TM issue?
It all depend on usage.
As long as iEAR.com is not used same as Trade marked "iEar" usage, it shouldn't have problem.

Agree. Trademarks only apply to the industry/class for which it has been registered. ANY one can use the same name as long as you operate in a different industry, than the industry/classes which have been trademarked.

So you simply need to check what industry/class the trademark has been applied against.

It also depends on the country where you operate. If its a small company most likely they have trademarked within their country only, whilst larger companies who need to protect their brand will apply for an International Trademark and will most likely cover their arse by registering in several industries/classes.

Great name, *however*... there is a registered trademark for "iEar". I'm not a lawyer, but I believe you're safe since you've had the domain longer than the trademark, but a buyer might have problems.

-Ollie

Also it actually does not matter if you had already registered the name prior to the trademark application.

A domain name offers no legal rights to ownership of names or brands. If i have a domain that i registered in 2000 and some new company comes along and trademarks the name in 2008, they can claim my domain. If that happens, its up to me to prove that although i never registered the trademark, i have built brand awareness and a market to a certain $value$, which if the domain was to be handed over would affect my business.

 

[italiandragon]

Agree. Trademarks only apply to the industry/class for which it has been registered. ANY one can use the same name as long as you operate in a different industry, than the industry/classes which have been trademarked.

So you simply need to check what industry/class the trademark has been applied against.

It also depends on the country where you operate. If its a small company most likely they have trademarked within their country only, whilst larger companies who need to protect their brand will apply for an International Trademark and will most likely cover their arse by registering in several industries/classes.




Also it actually does not matter if you had already registered the name prior to the trademark application.

A domain name offers no legal rights to ownership of names or brands. If i have a domain that i registered in 2000 and some new company comes along and trademarks the name in 2008, they can claim my domain. If that happens, its up to me to prove that although i never registered the trademark, i have built brand awareness and a market to a certain $value$, which if the domain was to be handed over would affect my business.

uhmm, I`m not expert but I read several ties that if you had a domain prior a TM and you are actually not making money out of that TM name (like if you had Nike.com but you were not selling fitness items or Nike shoes) then you are fine.
There were also some examples but can`t think of any right now.
Are you a lawyer?

Thanks

 

[zero_haze_au]

uhmm, I`m not expert but I read several ties that if you had a domain prior a TM and you are actually not making money out of that TM name (like if you had Nike.com but you were not selling fitness items or Nike shoes) then you are fine.
There were also some examples but can`t think of any right now.
Are you a lawyer?

Thanks

In the example you gave, thats correct, you are fine as your operating in a separate industry to 'Nike'.

I should have specified in my earlier post I was using an example where a company in 2008 registers a trademark of a domain name that i bought in 2000, 'AND' whilst registering the trademark they have included the industry/class that my domain is operating in, then they claim it.

So if i owned name relating to clothing, and i was selling clothes, than along comes a New clothing retailer who trademarks that name, than they can claim my domain. However i can appeal, by claiming that i have already built a market and brand awareness up.

As for being a lawyer, definitely not. :hehe:

Though this is all based on a company i have been previously affiliated with who were 'claiming' domains based on the fact that they owned the trademark.

 

[italiandragon]

In the example you gave, thats correct, you are fine as your operating in a separate industry to 'Nike'.

I should have specified in my earlier post I was using an example where a company in 2008 registers a trademark of a domain name that i bought in 2000, 'AND' whilst registering the trademark they have included the industry/class that my domain is operating in, then they claim it.

So if i owned name relating to clothing, and i was selling clothes, than along comes a New clothing retailer who trademarks that name, than they can claim my domain. However i can appeal, by claiming that i have already built a market and brand awareness up.

As for being a lawyer, definitely not. :hehe:

Though this is all based on a company i have been previously affiliated with who were 'claiming' domains based on the fact that they owned the trademark.

Well, I do not think that you can go around regging TMs and claiming domains that easily.

Otherwise everybody would look at any successful website , check if they have a TM , and if they do not , simply take away the name? I don`t think so.
That would be called reverse hijacking or something similar.

 

[Tim Schoon]

Thanks for the comments, any more thoughts?